On February 4, 2014, John P. McNaboe presented “Medical Records Not Just for Treatment Any More – Avoiding the Pitfalls of a Lawsuit” to the neurosurgery team from the Cushing Neuroscience Institute at North Shore University Hospital at Manhasset.
HPM&B’s Robert Gibson spoke about social media and its impact on jury selection and trial at the New York State Bar Association’s Annual Meeting on Thursday, January 30, 2014. Read more in the State Bar News: http://goo.gl/xym9uy
It is our pleasure to announce that Laura Murphy, a senior associate in our Garden City office, has been promoted to Partner.
Laura has been integral to the fantastic growth and success of our Long Island office over the past several years.
Congratulations to Andy Neubardt, a partner in our White Plains office, who has been elected to a two-year term as President of the New York State Medical Defense Bar Association.
Founded in 1995 by our own Luke Pittoni (its first President), the NYSMDBA is comprised of approximately two hundred attorneys who are substantially engaged in the defense of medical professional liability matters. Its expressed purpose is to improve the defense effort in the handling of medical malpractice litigation in New York, including the evaluation of existing legislation and promotion of appropriate reforms. For many years, Andy has been an active member of the NYSMDBA, serving on its executive board and organizing meetings that often include guest speakers on a variety of interesting and current issues.
Good luck Andy!
On December 16, 2013, the New York Law Journal highlighted HPMB’s successful motion to dismiss a complaint against a major hospital in New York City. Daniel Ratner, Elizabeth Cornacchio and Daryl Paxson represented the client in this matter.
Click here to read more
The topic is “The Use of Emerging Technology to Enhance your Defense at Trial.”
A New York judge has dismissed hundreds of claims over Bausch & Lomb's contact-lens solution, rejecting plaintiffs' attempt to submit recent scientific studies on the link between ReNu ML and eye infections. Click here to learn more.
Trail Blazers honored HPM&B with the 2013 Lois Goodrich Award for Youth Development at its Spring Benefit on Monday, June 24, 2013. Click here to learn more.
We are pleased to announce that John O'Sullivan of our White Plains office has been named a Partner in the firm.
John is a 1987 graduate of Brooklyn Law School and a member of our Columbia Presbyterian and St. Luke's hospital teams. He has been representing hospitals and physicians for over 20 years, and is highly respected for his trial and litigation skills by the Bench and Bar.
John arrived at HPM&B in 2009 in an Of Counsel position after working at two other medical malpractice law firms.
Heidell, Pittoni, Murphy & Bach, LLP has negotiated an early extension of its lease for an additional seven years at 99 Park Avenue in New York City. The lease will expire ten years from now, in 2023. HPM&B’s offices on the 7th floor of the building include 31,000 SF, which serve as the firm’s headquarters. Michael Leff of Avison Young represented HPM&B in its lease negotiations with building owner Eastgate Realty.
Heidell, Pittoni, Murphy & Bach, LLP is pleased to announce that the firm has been named among the “Best Law Firms” as ranked by U.S. News – Best Lawyers®, with a Tier 1 ranking nationally and in New York City for Medical Malpractice Law – Defendants and Product Liability Litigation – Defendants.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on peer reviews from leading attorneys in each firm’s field, client and lawyer assessments, and additional information provided by law firms as part of the formal submission process. These materials are used to evaluate each firm’s expertise, responsiveness, integrity, cost-effectiveness and reputation.
Heidell, Pittoni, Murphy & Bach received a Tier 1 ranking in Medical Malpractice Law – Defendants and Product Liability Litigation – Defendants nationally and in New York City for 2013, a distinction which signals a unique combination of excellence and breadth of expertise. The firm was also recognized in New York City with a Tier 1 ranking in Personal Injury Litigation – Defendants. The tiered rankings showcase more than 10,000 law firms ranked nationally or by metropolitan region. Firms are ranked nationally in one or more of 80 legal practice areas and by metro or state in 118 practice areas.
Heidell, Pittoni, Murphy & Bach, LLP was recently named among the “Best Law Firms” by U.S. News – Best Lawyers in America® for 2013, with a Tier 1 ranking nationally and in New York City for Medical Malpractice Law – Defendants and Product Liability Litigation – Defendants. In addition, seven attorneys from the firm were selected for inclusion in The Best Lawyers in America®:
Robert B. Gibson and Jesse D. Capell co-authored a cover article on pre-trial juror internet research by litigators in the November/December 2012 issue of the New York State Bar Association Journal. Click here to read the article.
Denise Holzka has been selected for the ECA’s Environmental Advisory Council, an elite group of environmental remediation professionals working toward advancing the remediation industry by creating an open dialogue for best practices and advanced methods. Read the full article in Real Estate Weekly.
Robert B. Gibson and Jesse D. Capell co-authored an article on the misuse of social media and related technology by sitting jurors in the August 1, 2012, issue of DRI's The Voice of the Defense Bar. Click here to read the article.
Charles L. Bach was selected by the publisher, a Thomson Reuters company, in recognition of his place as one the leading medical malpractice litigators in the country.
On June 13, 2012, Madonna Sacco lectured to the Center for Sleep Disorders at Yale Medical School and Yale New Haven Hospital on the legal ramifications of driving with sleep disorders.
Denise A. Holzka presented on May 24, 2012 at the Environmental Contractors Association’s seminar on Avoiding Infectious Disease Liability in Healthcare Facilities without Increasing Costs.
The panel discussion addressed the increased risk of renovation projects in occupied healthcare facilities and how proper training and procedures can reduce this risk for contractors and healthcare facilities.
On February 8, 2012, Vincent Gallo presented a lecture to the nursing staff at St. John’s Riverside Hospital. This presentation was entitled “Pressure Sores and Decubitus Ulcers: Litigation Implications and Minimizing Legal Liability”.
On March 8, 2012, Tony Heller lectured at DRI’s (Defense Research Institute) Medical Liability and Health Care Law Seminar in New Orleans, Louisiana.
He discussed the defense of malpractice actions seeking recovery for diabetic amputation against the vascular surgeon, the endocrinologist, the podiatrist and those involved in wound care and defense strategies that involve inevitable medical results, poor patient compliance, discussions of jury venue characteristic (favorable and unfavorable to the defense), evaluation of medical and hospital records, and preparation for deposition.
Laura Del Vecchio joined the firm in 2004. She represents healthcare professionals and medical institutions in actions involving claims of medical malpractice, general negligence, civil rights violations and employment discrimination claims. She also handles petitions for Assisted Outpatient Treatment pursuant to Kendra’s Law.
Ms. Del Vecchio has experience in both State and Federal practice and has litigated high exposure cases throughout New York State. She has co-authored two articles that address the implications of physician apologies.
Laura participates in a law student mentor program at St. John’s University School of Law and teaches paralegal courses at a local college.
She is a member of the New York State Bar Association.
Daniel S. Ratner, Managing Partner of HPM&B, was quoted in an article featured in the New York Law Journal on March 2, 2012. The article focused on a bill introduced in Albany that would prohibit any party in cases involving personal injury, medical, dental or podiatric malpractice or wrongful death from conducting ex parte interviews with the treating physicians or health care professions of other parties.
The measure, A694/S3296, would restore Article 31 of the Civil Practice Law and Rules as the statute governing discovery in civil matters and undo the Court of Appeals' 2007 ruling in Arons v. Jutkowitz, 9 NY3d 393.The Judiciary Committee approved the measure 21-2 on March 1 and sent it for consideration by the full Senate later this session. The Assembly approved the same bill in 2011, but it was not taken up by the Senate last year.
The legislation is sponsored in the Assembly by Rory Lancman, D-Queens. Mr. Lancman said that Arons has allowed the defense to delve into medical matters that are not relevant to the malpractice allegations at hand. He also contended that defense attorneys could use the interviews to intimidate nonparty physicians for testifying on behalf of plaintiffs or to force patients to drop their cases because they did not want personal information disclosed at trial.
Daniel S. Ratner, said undoing Arons would "make it harder for us to defend these cases." The value of the interviews, he said, is the "information gathering, just like with any other witness." As to the possibility of revealing information the plaintiff does not want disclosed, Mr. Ratner said both the attorney and the treating physician are under ethical obligations "not to divulge information that is not to be divulged." He also predicted that the cost of malpractice litigation would likely rise if the bill became law because there would be more formal depositions, which are more expensive than the ex parte interviews.
Heidell, Pittoni, Murphy & Bach, LLP was proud to sponsor the Rose of Hope Winter Event at Vazzano’s Four Seasons in Stratford, CT
We congratulate partner Madonna Sacco for her participation in the event as a Board member of the Norma Pfreim Breast Cancer Center at Bridgeport Hospital.
At the December 6, 2011, meeting of the New York State Medical Defense Bar Association, Robert Gibson and Jesse Capell lectured on the potential impact of social media during jury trials. They discussed how personal information appearing on Facebook and other social websites can impact jury selection or lead to juror misconduct based when jurors conduct independent research, contact witnesses or even blog about the trial or deliberations.
On November 10, 2011, Dan Ratner lectured on developments in the law at a meeting of the New York State Medical Defense Bar Association. He discussed recent decisions pertaining to admissibility of expert opinions under Frye, expert disclosure, e-discovery, wrongful birth. He also discussed statistical rates of affirmance and reversal in the Appellate Division.
U.S. News Media Group and Best Lawyers® selected Heidell, Pittoni, Murphy & Bach, LLP for inclusion in 2011-2012 Best Law Firm List.
The national and metropolitan first-tier rankings are featured in the “Best Law Firms” stand-alone publication, which is being distributed to 30,000 general counsel and in digital format to 58,000 private practice lawyers worldwide; the rankings in their entirety are posted online at http://bestlawfirms.usnews.com.
These rankings, which are presented in tiers, showcase 9,633 different law firms ranked nationally in one or more of 75 major legal practice areas and in metropolitan or state rankings in one or more of 119 major legal practice areas.
Heidell, Pittoni, Murphy & Bach, LLP is selected in the metropolitan rankings in New York City as Tier 1 for Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation. The firm is selected as Tier 2 in New York City for Appellate Practice and in White Plains for Personal Injury Litigation.
Law firms receiving this designation had an impressive overall performance and are receiving the first award of this kind by U.S.News and Best Lawyers®.”
Robert B. Gibson presented a lecture titled, “Anatomy of a Medical Malpractice Lawsuit,” on September 21, 2011 during Grand Rounds for the Department of Medicine at Westchester Medical Center.”
On October 20, 2011, Denise A. Holzka presented managing risk and indemnification issues at the Environmental Contractors Association’s annual conference entitled “How Infection Control and The Changing Environmental Remediation Landscape Affects Your Business.” The conference also included presentations by Cas Holloway, Deputy Mayor of the City of New York and New York City Councilman James Gennaro.”
On September 1, 2011, Daniel S. Ratner and Robert B. Gibson lectured to the Department of Obstetrics and Gynecology at Westchester Medical Center. This presentation occurred during Grand Rounds for the Department and addressed New York State's Medical Indemnity Fund.
Luke M. Pittoni, Co-Chair of the American Conference Institute, also lectured at the 7th Annual Advanced Forum on Preventing, Managing and Defending Claims of Obstetric Malpractice on June 22 and 24, 2009 in Philadelphia, PA.
Mr. Pittoni analyzed the latest trends in Obstetric Malpractice Claims and What’s Coming Down the Pike.
Brian M. Healy is named partner at Heidell, Pittoni, Murphy & Bach, LLP. Mr. Healy joined the firm in 2004 and defends hospitals, physicians, certified nurse midwives and registered nurses in all aspects of medical malpractice litigation in both state and federal courts.
In June, 2010, Charles L. Bach, Jr. presented a lecture o the Department of Surgery at NSUH/LIJ titled, “The Physician and OPMC: Understanding the Rules of Engagement.” Mr. Bach appeared at the LIJ campus and his lecture concerning issues of professional discipline of physicians was simultaneous broadcast to the Manhasset campus via video.
In recognition of professional achievement, partner Matthew M. Sconziano and associate Brittany S. Cates of the Connecticut office are selected by New England Super Lawyers Magazine as Rising Stars for 2010. New England Super Lawyers is published annually. The Rising Stars selection process is based on peer nominations and independent research of candidates.”
On March 17, 2010, HPM&B once again proudly joins the St. Baldrick's Foundation in a shaving event to raise money to cure childhood cancer. This year’s shavees are Luke Pittoni, John Leifert, Jesse Capell and our first ever female participant, Doreen Dufficy who raises money for St. Baldrick’s and cuts her locks in order to donate her ponytail to Locks of Love.
With your help throughout the years, HPM&B has raised over $50,000 for this worthy cause.
We thank you for supporting us!
HPM&B Team members shared a bike for a four-hour ride among up to eight team members to support research of rare and under-funded cancers. In the past, sponsorship of this program has assisted with clinical trials resulting in a new chemotherapy regimen for patients with rare cancers. Additional clinical trials and studies funded by Cycle for Survival are now underway.
To make a donation on behalf of Team HPM&B or for further information regarding this event, please click here.
Haiti’s Capital City of Port-Au-Prince was devastated by Tuesday’s earthquake.
HPM&B supports Doctors Without Borders, who are providing emergency medical care for the men, women, and children affected by the earthquake in Haiti. With limited water and medical supplies, Haiti is in a crisis and we hope that our efforts, along with those of you and your family, will prevent further suffering.
Donations to support the earthquake emergency response efforts in Haiti may be made through one of the charities listed below.
Marc Hyman authored the chapter entitled "Deposing the Plaintiff" in the recently published 2009 Third Edition of the New York State Bar Association's treatise "Medical Malpractice in New York". The chapter discusses how the plaintiff's deposition can be used to investigate and promote the successful defense of a medical malpractice case, including preparation for, approaches to, and conduct of the deposition. The chapter includes a discussion of the new deposition rules designed to facilitate civility in practice and reduce "obstructive" deposition practices. The treatise contains chapters by many of New York's most prominent medical malpractice practitioners from both the plaintiff and defense bars.
Luke Pittoni, Dan Ratner and Marc Hyman previously authored an update of the chapter on "Choosing Experts for the Defense" that was included in the NYSBA's 2000 Second Edition of this treatise. The original chapter was authored by Luke Pittoni for the 1993 First Edition of this treatise.
Ms. Holzka was a guest speaker at DRI’s Medical Liability and Health Care Law Seminar taking place February 11-12, 2010 at the Arizona Biltmore in Phoenix.
On February 12, 2010, Denise lectures on The Learned Intermediary: What? Me Worry?
A case against a major pharmaceutical company is being hotly contested and a garden variety practitioner and prescriber is subpoenaed for a deposition. What is the best approach to avoid embroilment in the product liability action and keep your client out of a potential medical malpractice claim if the statute is still running? Can you help ensure that your client doesn’t say something that will come back to haunt in other pending malpractice litigation?”
Ms. Cornacchio is this year’s Program Chair at DRI’s Medical Liability and Health Care Law Seminar taking place February 11-12, 2010 at the Arizona Biltmore in Phoenix.
The program includes topics of interest to clients, professionals, in-house counsel, defense attorneys and risk management personnel and is now the “standard of care” for burgeoning issues and challenges in representing and defending health care providers in lawsuits.
Seven attorneys at Heidell, Pittoni, Murphy & Bach, LLP (HPM&B) were recognized as Best Lawyers in America 2010®. Partners Charles L. Bach, Jr., Elizabeth Cornacchio,Robin R. Dolsky, Anthony M. Heller, Rosary A. Morelli, Luke M. Pittoni and Daniel S. Ratner are selected for this prestigious honor based on more than 2.8 million detailed evaluations of lawyers by other lawyers. For more than 25 years, Best Lawyers lists have earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals anywhere.”
Thank you to our clients and colleagues who have helped us reach this special milestone.
On March 16, 2009, we again celebrated St. Patrick's Day by shaving our heads to raise money to cure childhood cancer through an event called St. Baldrick's. This year HPM&B raised over $14,000. We thank you for supporting us in this worthy activity.
HPM&B Partners Charles L. Bach, Jr., Elizabeth Cornacchio, Robin R. Dolsky, Anthony M. Heller, Rosary A. Morelli and Luke M. Pittoni were selected by their peers as 2009’s Best Lawyers in America® in the specialties of Medical Malpractice Law, Products Liability and Personal Injury Litigation. They are truly tops in their field and we are proud to work with them.
Ten attorneys at Heidell, Pittoni, Murphy & Bach, LLP were included in 2011 New York Super Lawyers®. Only five percent of lawyers in the state are selected. Charles L. Bach, Jr., Elizabeth Cornacchio, Louise A. Derevlany, Austa S. Devlin,Robin R. Dolsky, Robert B. Gibson, Denise A. Holzka, Garrett P. Lewis, Rosary A. Morelli and Luke M. Pittoni are chosen for this honor. Peer nominations and evaluations were combined with third party research. Each candidate was evaluated on 12 indicators of peer recognition and professional achievement.
The objective was to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Super Lawyers is published in all 50 states and reaches more than 13 million readers.
Additionally, Brittany S. Cates and Matthew M. Sconziano are selected as Rising Stars in 2011 Connecticut Super Lawyers.
Considered among the best in their profession, attorneys featured in Super Lawyers represent the top 5% of the practicing attorneys in Connecticut. The Connecticut Super Lawyers are selected by their peers in an extensive nomination and polling process conducted by Law and Politics and published in a special advertising section in the February issues of Connecticut magazine and Connecticut Super Lawyers magazine.
Eight attorneys at Heidell, Pittoni, Murphy & Bach, LLP were included 2011 Best Lawyers® in America. Charles L. Bach, Jr., Elizabeth Cornacchio, Robin R. Dolsky, Anthony M. Heller, Garrett P. Lewis, Rosary A. Morelli, Luke M. Pittoni and Daniel S. Ratner are selected based on exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
For more than 25 years, Best Lawyers lists have earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals anywhere. A listing in Best Lawyers is widely regarded within the legal profession as a signal honor, conferred on a lawyer by his or her peers.”